SOUTH BEND — A police officer accused of domestic battery and driving under the influence on Wednesday contests both claims, saying he drank two beers as police interviewed him in his yard.

Sgt. Eric Downey, a 20-year member of the force, said Thursday that he has filed a complaint with the department because of his arrest.

Downey was arrested early Wednesday morning after his wife called police alleging abuse. Officers went to Downey’s south-side home to investigate after police received the call at 11:55 p.m. Tuesday.

While at the home talking with Downey’s wife, police reported that Downey arrived at the home in his personal car and appeared to be intoxicated. He was later arrested and taken to jail, where tests showed a .09 blood-alcohol level, one percentage point above the legal limit.

Downey is expected to appear in court Friday morning to face formal charges.

But Downey, an afternoon shift supervisor, told The Tribune that although he did have a few drinks before driving home early Wednesday morning, he wasn’t intoxicated.

Instead, he said, he drank two beers as he stood in the yard talking with police, drinks that nudged his blood-alcohol level over the legal limit.

“I don’t know how they can give me a DUI, when they stood there watching me drink beer in the yard,” Downey said.

Downey also downplayed the allegation that he battered his wife, saying that he believes an investigation will show he is innocent.

“I would never hit a woman,” Downey said, “but I would hit a guy.”

Fighting words

South Bend police spokesman Capt. Phil Trent said reports don’t mention Downey drinking beer in his yard but do report that he brought an unopened six-pack home.

Downey said he was arrested after he got into an argument with another officer, Lt. Dave Newton.

Downey said he asked Newton to leave his property and was arrested for the DUI only after Newton allegedly offered to fight him.

“I told him he had no legal reason to be here and that he should leave, and he started rolling up his sleeves and said for me to give him a reason to go,” Downey said. “That’s when they placed me in handcuffs.”

December incident

Downey said his dislike for Newton, in part, stems from an earlier allegation of domestic battery made by Downey’s wife.

On Dec. 11, 2008, police were called to Downey’s home after his wife called and reported a verbal and physical fight. Newton was one of the police officers who responded to the call and filed a police report of the incident.

Newton’s police report contends that both Downey and his wife were in a verbal fight that then became physical, with both Downey and his wife striking each other. The report says neither showed signs of injuries from the incident.

Other discipline

Downey was relieved of duty after the incident was reported, meaning he could not work as a police officer until he was formally charged or the case was dropped.

Downey said the case was investigated by the Indiana State Police and that, after two months, he was allowed to return to work because the allegations were determined to be unfounded.

St. Joseph County prosecutor’s office spokeswoman Catherine Wilson said the case was investigated by the Indiana State Police to avoid any appearance of a conflict or impropriety.

Wilson said the state police investigation showed no criminal act had taken place, and both Downey and his wife did not want to see charges filed.

Wilson said Wednesday’s domestic battery charge will also be investigated by state police.

South Bend police spokesman Trent said officers accused of, but not charged with, crimes are typically relieved of duty with pay until an arrest is made or the charges are dropped.

Because no charges were ever filed in the case, the incident does not appear in Downey’s personnel file.

According to records obtained from a Freedom of Information Act request, Downey has received three letters of reprimand in his career. Two letters came in 1996, one for reckless driving and one for arguing with his supervisor.

In March 2009, he was reprimanded for a December 2008 incident that occurred while he was relieved of duty. The letter alleges that Downey, while working security at a bar, discovered a bag of marijuana, but instead of turning it into police, he took it home and flushed the drugs down the toilet.

Downey said he has never been suspended from the force and that, despite the three letters of reprimand, he has always been a good officer and citizen.

Battery allegations

Although he doesn’t know the exact details of his wife’s most recent allegations, Downey said he’s sure the Indiana State Police investigation will exonerate him.

Downey contends his wife’s allegations stem from problems in their marriage, problems that she, a former police department employee, tries to fix by calling his employer.

“I do love my wife,” Downey said, “and I wouldn’t hurt her. She just thinks she’s justified calling police when there’s a problem.”

Staff writer Dave Stephens:
dstephens@sbtinfo.com
(574) 235-6209